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The decision was handed down last Thursday (23). The TRF-3 overturned the decision that favored Amazon and forced the platform to once again comply with Anatel’s rules on the sale of non-approved cell phones. The discussion was sent to the STJ and, until a new judgment, Amazon is jointly responsible for offering irregular devices. Anatel claims that these cell phones pose a risk to consumer safety, the telecommunications network, and the country’s cybersecurity.
The Amazon has just lost a legal battle that could redefine the sale of cell phones via the internet in Brazil. The Federal Regional Court of the 3rd Region (TRF-3) overturned the previous decision that had suspended the application of Anatel‘s rules regarding the commercialization of irregular devices on the platform, and the company is once again obliged to comply with the regulatory agency’s norms. The discussion was sent to the Superior Court of Justice (STJ), but until a new judgment, Amazon is jointly responsible for offering cell phones without approval.
The case involves a risk that most consumers are unaware of. When a cell phone is not approved by Anatel, it means that the device has not passed the tests that verify if it works correctly on Brazilian networks, if it does not cause interference with other equipment, and if it meets electrical and radiofrequency safety standards. Anatel argues that the e-commerce of non-approved cell phones poses a risk to health, cybersecurity, and the administration of the country’s radiofrequency spectrum. For the consumer, buying one of these devices can mean connection problems, security vulnerabilities, and the absence of a legal warranty.
What Anatel requires from platforms and why Amazon contested
According to information released by the NSC portal, in 2025, Anatel established that marketplaces and other digital sales channels would become jointly responsible for offering telecommunications products without approval. In practice, platforms will share responsibility with sellers in cases of infractions related to the offering of irregular devices, and must include the approval code in advertisements, validate this information, and adapt their interfaces.
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Amazon legally challenged, arguing that marketplaces are not obliged to pre-inspect products sold by third parties, applying the regime provided for in the Civil Rights Framework for the Internet. The company initially obtained a favorable decision that suspended Anatel’s rules, but the agency appealed, and the TRF-3 overturned this suspension, returning the discussion to the STJ for definitive analysis.
What the TRF-3 decided and why the case goes to the STJ
Judge André Nekatschalow, vice-president of the TRF-3, acknowledged that the STJ had already understood that online sales platforms cannot be obliged to pre-control goods advertised by partner sellers. However, he differentiated Anatel’s case from existing precedents, which mainly dealt with violations of copyrights, trademarks, and Inmetro standards.
The magistrate highlighted that the case in question involves the General Telecommunications Law and has the potential to influence the management of the country’s radiofrequency spectrum. “A circumstance that recommends the opening of the special instance for the STJ’s appreciation of the matter,” he wrote in the decision. In practice, the TRF-3 understood that selling irregular cell phones is not the same as selling pirated products, because it involves risks to telecommunications infrastructure that justify more rigorous treatment.
What is approval and how to know if your cell phone has it
Approval is Anatel‘s authorization that confirms a device meets the technical, safety, and operational requirements in Brazil. The process verifies if the cell phone works correctly on Brazilian networks, if it does not cause interference with other equipment, and if it meets electrical and radiofrequency safety standards. Without this certification, the device is considered irregular, and its commercialization violates Brazilian legislation.
Homologated cell phones have an Anatel certification code that appears on the packaging, in the manual, in the device settings, or on an agency seal. To check if your cell phone is homologated, simply access the Anatel website and enter the serial number or the device code. If the product is not in the database, it has not passed the mandatory tests and may present risks ranging from malfunction to security vulnerabilities that expose personal data.
The real risks of buying a cell phone without homologation
The consumer who buys a non-homologated cell phone is exposed to risks that go beyond simply losing the warranty. Uncertified devices may present connection problems with Brazilian networks, as they have not been tested to work with the frequencies and protocols used by national operators. In extreme cases, they can cause interference in telecommunications equipment that affects other users.
From a security standpoint, irregular cell phones may not receive software updates that correct vulnerabilities, and their radiofrequency components may emit radiation above permitted limits. Anatel also warns of the risk of cybersecurity, as uncertified devices may contain pre-installed malicious software or access ports that compromise personal data. For the consumer, the lower price of an irregular device can end up being very expensive.
What changes for those who buy cell phones through Amazon and other platforms
While the discussion is pending in the STJ, Amazon is once again obliged to comply with Anatel‘s rules. In practice, this means that the platform must require the homologation code in cell phone advertisements, validate the information, and remove offers for devices that do not have certification. If the STJ’s decision confirms Anatel‘s understanding, the model will apply to all marketplaces operating in Brazil, including Mercado Livre, Shopee, and other platforms.
For the consumer, the most direct consequence is that there may be fewer options for very cheap cell phones that are usually imported without homologation. On the other hand, the measure increases the assurance that any device purchased on regulated platforms has passed the mandatory tests and functions according to Brazilian standards. The final decision of the STJ will define whether platforms are indeed responsible for supervising what their sellers offer or if this obligation remains exclusively with Anatel.
Have you checked if your cell phone has Anatel homologation or bought a device without checking? Tell us in the comments if you think platforms like Amazon should be responsible for products sold by third parties and if you have had problems with uncertified cell phones.
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